|
21st
October 2011
On the 18th October it
has been 50 years since the European Social Charter was adopted.
This anniversary will be marked by the Council of Europe in
different ways during the couse of the year.
Employment rights
The Charter enshrines basic employment
rights concerning freedom to work, fair working conditions
and collective rights.
Freedom to work:
· prohibition of forced labour
· prohibition of the employment of children
under the age of 15
· special working conditions between 15 and 18 years
of age
· the right to earn one’s living in an occupation
freely entered upon
Fair working conditions:
· an economic and social policy designed to ensure
full employment
· access to work for persons with disabilities
· fair working conditions as regards pay and working
hours
· protection in case of dismissal
· protection from sexual and psychological harassment
Collective rights
· freedom to form trade unions and employers’
organisations to defend economic and social interests
· individual freedom to decide whether or
not to join them
· promotion of joint consultation, collective bargaining,
conciliation and voluntary arbitration
· the right to strike
The Charter and the UK
There are clear examples of progress achieved through the
implementation of the Social Charter in the UK. In terms of
employment, a number of key provisions of the Employment Acts
of 1982, 1988, 1990 and 1999 stem from monitoring reports
of the Charter.
This includes the prohibition of dismissal on the grounds
of trade union membership, the confidentiality of trade union
membership, the introduction of a statutory procedure for
trade union recognition and employment protection for the
first eight weeks for striking workers.
The Charter guarantees
social and economic human rights in the areas of housing,
health, education, employment, social and legal protection,
free movement of persons and non-discrimination.
As well as laying out
these rights, the Charter established a supervisory mechanism
guaranteeing their respect by participating countries. Individual
countries have to submit an annual report showing how they
implement the Charter’s provisions in law and in practice.
Compliance is also monitored
by the European Committee of Social Rights (ECSR), composed
of 15 independent, impartial members. Certain NGOs have the
right to make a complaint to the Committee if they feel a
country is not respecting the Treaty.
Click
here for more information
Please note that the
Working Group for The Employment Law Group will be meeting
at 6pm, Wednesday, 2nd November 2011 at Portcullis House,
Bridge Street, Westminster, London. For information on this
meeting please contact John Usher, postmaster@unitedcampaign.org.uk
|
